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How to Choose a Lawyer

By: Kevin Stouwie

Board Certified in Personal Injury Trial Law

Texas Board of Legal Specialization

Choosing a lawyer can be a difficult task, and the choice can be a very big factor in whether you end up with a successful result later. This article contains some tips and suggestions from one person’s perspective that you may want to consider if you or someone you love may be in need of legal representation.

As a preliminary matter, most people do not need a personal lawyer like one might need a family doctor. Notable exceptions could include celebrities, wealthy people who own one or more businesses, and people who own multiple parcels of real estate and/or buy and sell real estate on an on-going basis. In most situations, lawyers should be chosen for specific tasks, such as enforcing one’s rights under a contract, starting or purchasing a business, getting a divorce, or drafting a will.

Lawyers should also be used when you are in a crisis situation, such as being charged with a crime, suffering a personal injury or death, or when being sued or faced with the threat of a lawsuit. Regardless of the specific need to hire an attorney, the same basic steps should be followed.

The first step in choosing the right lawyer is to determine exactly what has occurred or is about to occur that suggests that a lawyer may be required. It is usually wise to gather all the facts, any documents having anything to do with the situation, and names, addresses phone numbers, and email addresses of people who are personally familiar with the situation that might require an attorney. If applicable, it is also wise to write out a chronology of events, with as much detail as possible, so that the initial meeting with a prospective attorney is more productive.

Once the information and documentation is organized, the next step is to properly identify what type of law will be the subject of the legal representation. There are many lawyers, some people might say that there are too many lawyers. However, while there may be plenty of lawyers, each one is typically not well qualified to handle more than a few different major areas of practice. No matter how many lawyers there are in a given San Antonio or state, only one lawyer in the whole world is important to most people. Namely, the one chosen to represent them in their important legal matter. Because the client has a right to expect competence and experience in their chosen attorney, most lawyers decide early on to concentrate their law practice in only one or two areas.

Such focus usually allows the lawyer to become more of an expert and it allows him or her to devote their limited time and resources most efficiently. It has been my personal observation that one who limits his practice in such a way generally can render a higher quality of work in a shorter time period, and with greater overall success and satisfaction for both lawyer and client.

After narrowing the search from all lawyers to just those whose practice consists of one or two practice areas, including the one at issue for a given client, it is certainly worth considering the qualifications and experience of any prospective attorney.

I am sometimes asked if being board certified in personal injury trial law somehow makes me a better lawyer, or if this distinction or title implies that I am a better attorney than one who is not board certified. Although I would not say all board certified attorneys are automatically superior to all non board certified attorneys, I do believe there are some basic conclusions that can be made. However, I should point out that some incredibly talented, qualified, and honorable attorneys are not board certified in any particular area, although most of these quality lawyers still limit their practices to 3 or fewer practice areas. Therefore, board certification should not be used to exclude a competent lawyer from consideration. However, in order to understand why board certification might be an important credential to look for in hiring an attorney for a particular case, it is important to understand exactly what board certification means, and what it doesn’t mean.

The Supreme Court of Texas, in addition to conducting a pretty thorough background check, requires all law school graduates to pass the Texas Bar Exam. In other words, the test is not voluntary. Passing the bar exam does not imply that one is, or will ever become board certified. Instead, passing the bar exam simply confers a license to practice law in Texas. The bar exam is given over the course of a few days, and involves many different areas of law. In addition to the time spent in law school, the preparation time for the exam is generally at least 4-6 weeks, and may be as long as 10-12 weeks for some. To many lawyers, the bar exam is plenty of testing for one lifetime, and it is not unusual for an attorney to vow never to take another difficult legal exam again.

If an attorney has been licensed for more than 5 years, has the knowledge base in a given area, possesses the requisite experience, and genuinely wants to take on a tough challenge and further responsibility, he or she may voluntarily seek to to become board certified in a particular practice area.. The Texas Board of Legal Specialization identifies the practice areas for which board certification is possible, and it also provides the many requirements on its website, www.tbls.org. According to statistics available from the State Bar of Texas and the Texas Board of Legal Specialization, approximately 10% of all Texas attorneys are currently board certified in a particular practice area.

Finally it is worth noting that good and bad lawyers come in all ages. Therefore, age alone is certainly not as important as experience, credentials, and work. I strongly recommend that all people who need to choose an attorney only do so after meeting the attorney who will be personally handling the case. Look them in the eye, ask them whatever questions are on your mind, and listen carefully to how they handle themselves and discuss the particular legal problem. The attorney you choose will need to play an important role for you during the course of representation. Look for cues as to honesty, competence, compassion, professionalism, and the genuine desire to successfully handle your legal matter.

If there is any doubt about whether to hire a particular attorney, wait until you’ve interviewed with a second, or even a third attorney. There is nothing wrong with going home and reflecting on this important decision before making it. In fact, any lawyer or legal assistant who seems unwilling to allow for such personal reflection time ought to be avoided.

In closing, remember that when you are hiring a lawyer, you are hiring a person, not a name, and not an image. You must be willing to meet that person. More importantly, that person must be willing to meet you and take the time to understand you and the specifics of your particular case. Most lawyers offer a free initial consultation. Once you have considered all of the tips and information contained in this article, don’t throw common sense out the window. It is wise to do your homework, take your time, and trust your instincts. In the end, the decision to hire a particular attorney could be the difference between a successful outcome and failure.